A packager fills portioned packages that do not display a nominal quantity. The packager checks the product weight using a checkweigher. The question is: does it need to be calibrated?

Examples of packages without a nominal quantity include cases where the product quantity is less than 5g or ml (except for spices and herbs) or when the package is not intended for individual sale and is part of a collective package (e.g., a packet of croutons in a meal salad).

If a checkweigher is used to verify the accuracy of a quantity claim on a package, it constitutes a commercial transaction and therefore the checkweigher must be calibrated. This requirement applies even if the checkweigher is used to sort boxes that contain an insufficient number of items (e.g., 4 ice creams instead of 5). This matter has been addressed in a ruling by the administrative court.

According to the relevant regulations for weighing instruments (MID), it can be inferred that a package without a nominal quantity may be checked using a non-calibrated checkweigher. However, this exception does not apply if the declaration of product weight is made elsewhere for such packages (e.g., on a collective package, outer box, or a third-party label).